An analysis of the dividing lines between judicial, executive and legislative power in the United Kingdom constitution.
Introduction; 1. A doctrine of uncertain scope and application; 2. The Human Rights Act 1998 and the separation of powers; 3. The Strasbourg influence; 4. Justiciability; 5. Deference and proportionality; 6. Statutory interpretation and declarations of incompatibility; 7. Developing the common law and the meaning of 'the convention rights'; 8. The independence of the judiciary; 9. Towards constitutional separation.
Roger Masterman is Senior Lecturer in Law at Durham Law School, where his teaching and research interests lie in the area of constitutional law and reform.